MUNA BUSAILAH Partner Stone Busailah, LLP Question: Does the shining of an officer’s spotlight on a person, without the red and blue emergency lights, constitute a detention? Answer: Generally, no. The use of a spotlight will not, standing alone, constitute a detention. However, it will be considered in the totality […]
BRETT RUTKOWSKI, ESQ. Attorney Ferrone & Ferrone I was speaking with a client after a complaint interview last week. As is customary, I explained what is possible to follow after the investigation. I mentioned phrases like “Skelly hearing,” arbitration, pre-disciplinary hearing, settlements, etc. After I was done talking my client’s […]
SCOTT P. THORNE Attorney Messing Adam & Jasmine LLP As many peace officers know, the Public Safety Officers Procedural Bill of Rights Act (POBR) prohibits any public agency investigating an allegation of misconduct from taking punitive action against a peace officer if the investigation is not completed within one year. […]
MIKE RAINS Principal Attorney Rains Lucia Stern St. Phalle & Silver, PC I have represented police clients for the last four decades in some pretty crazy disciplinary cases, but my recent representation of Vallejo Police Lieutenant Michael Nichelini, who is also the president of the Vallejo Police Officers Association (VPOA), […]
DAVID EMILIO MASTAGNI Partner Mastagni Holstedt, APC As most PORAC members already know, SB 2 requires the Peace Officer Standards and Training (POST) Commission to implement its decertification process on January 1, 2023. Given the short amount of time the Legislature afforded POST to enact regulations on the process, hire […]